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100510 planning commission CITY OF NEW HOPE [ 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES October 5, 2010 City Hall, 7 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Houle called the meeting to order at 7 p.m. ROLL CALL Present: Jim Brinkman, Pat Crough, Jeff Houle, Sandra Hunten, Roger Landy, Sunday Onadipe, Tom Schmidt, Steve Svendsen Absent: Paul Anderson, Kimberly Johnson, Ranjan Nirgudé Also Present: Curtis Jacobsen, Director of Community Development, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant, Jason Quisberg, City Engineer, Pamela Sylvester, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING PC10-05 Chair Houle introduced Item 4.1, Request for conditional use permit to construct the North Education Center and a text amendment to change Item 4.1 the city code to increase the height of educational buildings, churches and public buildings in R-1, R-2 and R-3 residential zoning districts, 5530 Zealand Avenue North, Intermediate District 287, petitioner. Mr. Jacobsen stated Intermediate District 287 was proposing to construct a new school building to be known as the North Education Center at 5530 Zealand Avenue. The petitioner was requesting a conditional use permit to allow a school in an R-1 zoning district and a text amendment to allow a portion of the building to be taller than allowed by current city code. Mr. Jacobsen explained that a conditional use is a land use designated in a zoning ordinance that allows a specific land use in a zoning district as long as certain standards are met. A conditional use permit is a document a city issues to grant a conditional use when the general and specific ordinance standards have been met by the applicant. A text amendment may be requested when an applicant’s proposal is not authorized or permitted by city code or the comprehensive plan. A text amendment is applied to the regulations of the entire city or an entire zoning district depending on the amendment. The parcel is located on Zealand Avenue between 55th and 56th avenues and is zoned R-1, single family residential, and is the site of the former Hosterman School. The parcel is surrounded by high density and senior/disabled residential to the north and west, single family residential to the south and park/open space to the east. The site contains 9.57 acres. The proposed building would contain 132,006 square feet for the two- story option or 157,526 square feet for the three-story option. Lot area ratios would be: building 16.7 percent, paved area 39.8 percent, and green area 43.5 percent. The comprehensive plan identified this site for potential redevelopment. Mr. Jacobsen reported that District 287 has leased the current building for the past 10 years from the Robbinsdale School District and is now in need of more suitable space. District 287 is proposing to building a new North Education Center (NEC) at this site, which would be modeled after the successful South Education Center in Richfield. District 287 recently purchased the property. Robbinsdale Area Schools/District 281 maintains ownership of the soccer field area. The petitioner indicated in correspondence that the NEC would be a significant improvement to the surrounding neighborhood. Site features would include enhanced aesthetics, landscaping, traffic control, additional parking and better storm water management. Intermediate District 287 consists of 13 west metro area school districts which serve the needs of unique learners with various physical, cognitive, emotional and behavioral challenges. The proposed NEC would serve up to 350 students including daycare for up to 50 infants and toddlers and approximately 235 staff. The programs would serve students from elementary school through secondary and up to 21 years of age. The neighborhood is familiar with the daily activities of a school operation from when the school was a junior high through today as a specialized school. Hours of operation and traffic volume, flow and patterns would remain much as they have been for the past 10 years. The proposed building would be two stories high, and if an alternative is accepted, the central portion of the building would be three stories. Building materials would consist of brick, cast stone and metal panels. Mr. Jacobsen explained that the proposed building exceeded all setbacks and lot area requirements. The proposal met all required setbacks for parking areas. The property would be accessed by three curb cuts, two along 55th Avenue and one on Zealand Avenue. The city engineer has approved the proposed 27-foot curb cuts. Staff suggested that the curb cut on Zealand and the east curb cut on 55th Avenue be expanded to provide adequate space for truck maneuvering. A loading bay and turnaround area are provided in the rear of the building and may need to be expanded to provide easier truck movement. Mr. Jacobsen stated that the Design and Review Committee discussed the project with the applicant and recommended the old driveway on 55th Avenue that served the Hosterman building be removed. However, that portion of driveway is located on District 281 property and the city will work with District 281 to have that portion of driveway removed. Revised plans were submitted as a result of the Design and Review meeting. An eight-foot wide sidewalk trail system would be provided around the perimeter of the site and the building. Bicycle parking would be located at the front of the building. There are three semi-private open 2 Planning Commission Meeting October 5, 2010 spaces in the rear of the building, two plazas (one including daycare) and an outdoor dining area. The daycare spaces would be fenced with a chain-link, vinyl coated fence. The Police Department requested the basketball area be fenced and have the existing landscaping removed to provide clear sight lines. District 287’s parking needs are different than a traditional school setting. The plans indicate 255 parking spaces which includes 10 visitor, 10 student, and 10 handicap stalls. Mr. Jacobsen reported that the building would be primarily brick with areas of glass, masonry and metal. The four wings of the building provide an interesting articulation of the building’s frontage. The main entrance is highlighted by a cantilevered roof and glass panels. The brick would be a red to red-brown color. The building’s height for the three-story option would be 46 feet tall, which exceeds the current 32-foot height maximum in an R-1 zoning district. A text amendment to allow taller school buildings has been requested and is supported by staff. Mr. Jacobsen explained that the three story option would house daycare and elementary students on the first floor, middle and high school students on the second floor, and high school to age 21 students on the third floor. The building would be separated into four wings. Interior doors would be controlled by a wireless card access system and each wing could be secured separately from the other in the event of an emergency. Classrooms would be smaller than a traditional school. This building will consist of a total of 49 classrooms, plus labs, fitness center and gym, learning rooms, dining room and kitchen, faculty offices, and breakout rooms. Building and security issues will be further reviewed by the building official and police department at the time the building permit is reviewed. A rooftop unit is proposed for each wing of the building and would be housed in a penthouse cabinet painted to match the color scheme of the building. The cabinets are set back to reduce the view from the street. The landscaping plan includes over 250 deciduous, coniferous and ornamental trees, 400 bushes/shrubs and nearly 2,000 flowers. The landscaping would effectively shelter parking lot areas, screen headlights, and add visual interest to the building and grounds. The city forester recommended the removal of the red oak and Colorado blue spruce. The police department requested that the bushes surrounding the basketball play area be removed to provide clear sight lines and install a fence or leave the area open. Twenty-one 20-foot light poles would be installed in the parking lot. The building and sidewalk areas would be lit with 11 pedestrian scaled, 12- foot poles. All lights would be 90-degree cut off lights directed downward. Six major areas around the building need additional lighting as they do not meet the minimum light standards. All pedestrian paths should be lit to a minimum .5 foot candles. Lighting has been provided for the monument sign along 55th Avenue. The applicant proposed a flag pole near the building entrance, which should be lit at night if the flag is 3 Planning Commission Meeting October 5, 2010 not removed at night or removed each evening as required by federal law. All lights would follow a dark cycle and be turned off from 10 p.m. to 6 a.m. Mr. Jacobsen stated a backup generator was proposed near the screened storage area in the rear of the building. The applicant indicated the noise level of the generator, which would only be used in emergency situations, would be 60 decibels at the north property line, which is the same decibel level as normal conversation and should not be disruptive. A monument sign would be placed near the west entrance along 55th Avenue and would be lit by two fixed lights. No signage would be attached to the building. Directional signage would be placed in the parking and drive aisle areas. All signage meets city standards. The city engineer worked closely with the applicant on the utilities. The site is served by telephone, fiber optic, sewer and water lines. A five foot fiber optic easement has been provided along a portion of the southerly property line. The building would be fully sprinkled and would have a fire alarm system per code. The applicant worked with West Metro Fire staff relative to the location and number of hydrants. The city’s Public Works Department reviewed the plans and recommended full replacement of the hydrant near the corner of 55th and Zealand avenues. Nearby hydrants will serve in the event of an emergency. West Metro Fire requested two key lock boxes on the building, one in front and one at the rear of the building. The front lock box should be moved closer to the main entrance. A brick enclosure near the rear of the building will house the trash, storage and backup generator. The enclosure would have steel doors and is designed to match the principle building. The loading bay is located adjacent to the brick enclosure and may need to be expanded to accommodate easier truck movements. Directional signage for truck traffic would be placed throughout the site. The existing building and site includes a large paved and impervious area with no ponding or water treatment facilities, therefore, a majority of storm water currently runs into the street and sewer system. The NEC building will greatly improve those conditions with the inclusion of three pond areas and a reduced amount of paved surface. The building footprint will be reduced from the current 172,700 square feet to 69,700 square feet, which should help alleviate storm water issues. The three ponds should handle a majority of storm water generated on site. There is one smaller area where storm water will drain directly into the storm sewer system. The city engineer reviewed the storm water calculations and there are no major concerns. The applicant must also meet the requirements of the watershed district. A five-foot drainage and utility easement has been provided around the perimeter of the site. Mr. Jacobsen reported that the proposed building is well within the intentions of the Design Guidelines. Architecturally, the materials, design 4 Planning Commission Meeting October 5, 2010 and aesthetics of the site are impressive. The NEC building would include a number of environmentally sensitive features and would be eligible to receive LEED certification, if pursued. Some of the features include: daylighting, geothermal heating and cooling system, LED lighting, displacement ventilation and active beams, recycling/reusing 90 percent of existing Hosterman School. Mr. Jacobsen explained that due to an oversight decades ago, the southern half of 56th Avenue was never dedicated to the city by the school district. At the time of subdividing the lot, District 281 dedicated 26,040 square feet to the city. The applicant must comply with criteria as outlined in the city code during the CUP approval process. 1. The proposal is consistent with the city’s Comprehensive Plan, which had identified this site for potential redevelopment. 2. The proposed use is compatible with adjacent uses. The site has been a school for the past several decades and the neighborhood is accustomed to this use. 3. The applicant met the requirements outlined in the performance standards of the code or must comply with conditions of approval if the project moves forward. 4. The proposed use would not depreciate the area in which it is proposed. The proposed architecture would be high quality and comply with the city’s Design Guidelines and should not have a negative effect on the neighborhood. 5. The proposed use meets the criteria specified for the R-1 zoning district or must comply with conditions of approval. The requested text amendment, if approved, would handle the building’s height issue. 6. Traffic from the site would be channeled to Bass Lake Road or Winnetka Avenue and would require the use of minor residential streets directly abutting the site. Traffic may increase slightly from current conditions, however, improvements have been made to circulation and parking, which should minimize the impacts of additional vehicles. The proposed building placement has provided generous setbacks from property lines and would be well landscaped to screen parking lots and service areas. Mr. Jacobsen explained that due to the Supreme Court’s ruling on variances, text amendments are the best solution to some zoning approvals. The applicant requested a text amendment to allow a taller school building in the R-1 zoning district. Currently, the code restricts buildings in the R-1 District to 2 1/2 stories or 32 feet. Principal buildings may exceed the district height requirement provided: 1) The site is capable of accommodating the increase structure size without a variance; 2) The increased intensity and size does not cause increased traffic volumes beyond capacity of the surrounding streets; 3) Public utilities are adequate to serve the building; 4) Setbacks from property lines will accommodate a distance equal to the height of that portion of the building; and 5) The building does not limit solar access to abutting properties. Criteria to consider in recommending approval may include: 1) The 5 Planning Commission Meeting October 5, 2010 zoning amendment is necessary to correct a past zoning mistake – the city has changed from when the code was written, development patterns have changed, and available land should be used at its best and full use, which may require taller buildings; 2) The character of the area has changed – school district needs have changed dramatically over the years and District 287 needs a building designed to meet its unique needs, which includes a building taller than 32 feet; and 3 The proposed action is consistent with the city’s comprehensive plan – the Hosterman site was identified as a potential redevelopment site. The Design and Review Committee met with the applicant and was supportive of the project, but had a number of comments. The applicant responded to the recommendations with revised plans and a revised memorandum. Property owners within 350 feet of the property were notified and staff discussed the plans with one adjacent homeowner. District 287 hosted a public open house on August 17 prior to submittal of the planning application and comments from the public were considered in the design of the proposal. In summary, Mr. Jacobsen reiterated that District 287 had presented a well thought out and planned proposal for the construction of a new educational facility. The site was designed to handle snow storage, circulation, parking, pedestrian/bike access, and storm water drainage. The building and site were designed to be architecturally interesting, aesthetically pleasing and environmentally friendly. District 287 went above and beyond the basic requirements of the city code. Mr. Jacobsen stated that staff felt the proposal from District 287 met the intentions of the code and the conditional use permit and text amendment should be granted subject to the conditions as listed in the planning report. Commissioner Hunten stated she felt this was a wonderful project and great improvement to the area. She was concerned with the loading dock area and whether or not there was sufficient area for truck maneuvering. Mr. Jacobsen agreed the truck maneuvering area would be tight but the district provided calculations which indicated trucks could back into the loading bay. All the traffic around the back of the building would be one- way, entering on 55th Avenue and exiting on Zealand Avenue. Busses dropping children off at the west entrance could utilize the round-about to exit on Zealand Avenue. Mr. Brixius recommended two motions – one for the text amendment and one for the conditional use permit. He added that he and the city attorney discussed the text amendment and suggested a minor change to the recommended verbiage for item #4. It should state “4. A building that exceeds the district height restriction shall be set back from all lot lines a distance equal to the height of the tallest portion of the building.” They also suggested adding a cap on building height and added “5. In no case shall a building exceed 48 feet in height.” The current #5 dealing with 6 Planning Commission Meeting October 5, 2010 solar access shall then be item #6. Discussion ensued on how the height recommendation of 48 feet was calculated. Mr. Brixius explained that a standard for four stories was 48 feet. Commissioner Svendsen pointed out that the plans indicated the parapet height was 49 feet six inches and wondered whether the suggested height in the text amendment would need to be increased. Mr. Steve Sondrall, city attorney, mentioned that there are exceptions for parapets and several other items in the city code. The height is measured to the deck plane of the roof. Rooftop units can also extend three feet above the roof. After discussion about increasing the height above 48 feet, Commissioner Hunten reminded the Commission this ordinance amendment was for R- 1, R-2, and R-3 zoning districts and stated she felt the code should not be increased more than 48 feet. Mr. Brixius stressed the code amendment would be limited to schools, churches and community centers. Any project would also have to meet the other code requirements. Mr. Thomas Shultz, director of facilities for Intermediate District 287, came forward to address the Commission. Commissioner Brinkman questioned whether there would be a need for two loading docks. Mr. Shultz stated that one loading was adequate for the janitorial and food deliveries to the school. Commissioner Svendsen stated he was in agreement with the larger 27- foot wide curbs, which are measured at a point set back 20 feet from the property line. Commissioner Svendsen questioned whether the number of staff at 235 was for the two-story or three-story option. Mr. Shultz stated that was for the three-story option. Chair Houle pointed out that the district’s literature indicated approximately 200 high school students, and asked for clarification as to why only 10 parking stalls were being provided for students. Ms. Sandi Lewandowski, superintendent of Intermediate School District 287, came forward to respond. She stated that many of these high school students were categorized with special needs and are bused to the site. There is also an alternative high school program with high school students attending that program. Almost all of those students arrive in a school district vehicle or on the public bus system, although a few students come in their own vehicle. The alternative high school program has approximately 80 students and 50 babies/toddlers. Commissioner Svendsen questioned the type of curbing surrounding the trash enclosure and whether the trash receptacles were wheeled to the curb or if the truck drove over the curb to pick them up from the enclosure. Mr. Shultz stated the dumpsters would be inside an enclosure 7 Planning Commission Meeting October 5, 2010 with a roof, walls and doors. The trash hauler would drive in, back up to the enclosure, open the doors, bring the dumpsters to back of truck to dump them. The dumpsters are on wheels. Mr. Thiede, representative of TSP Architects and Engineers, added the intention would be that the truck could drive up on the pavement, which is an extension of the parking lot. The curb would be either surmountable or sloping pavement. Commissioner Svendsen commented that the emergency generator would be fed with natural gas. He questioned how a gas spill or other fluids would be contained. Mr. Thiede stated he would have to review the product literature to be sure that concern would meet city standards. Svendsen initiated discussion on the nighttime decibel levels for the emergency generator. Mr. Brixius answered that the nighttime decibel level is 50 and is measured at the closest adjoining property line. It was noted that there is a berm proposed near the trash enclosure along with extensive landscaping to help shield the noise of the generator. There are large setbacks from the generator to both the north and south property lines. Mr. Jacobsen added that the enclosure housing the generator may help to muffle any noise, as well as the 60-90 foot distance to the property lines. Chair Houle suggested the applicant provide information to staff for the nighttime decibel level at the adjoining property lines. Commissioner Brinkman initiated discussion on the building design and how closely it matched the South Education Center and whether there were any traffic problems at that building. Mr. Shultz stated that the building is very similar. This building is approximately 45 percent larger with the third story. The design concept with the articulation is the same. The south building did not have sufficient space to have a drive aisle around the building, therefore, circulation around this building will be an improvement. Commissioner Brinkman inquired as to the arrival times of the student population. Ms. Laura Keller-Cautsch, executive director of special education and student services, stated that special education students represent about two-thirds to three quarters of the students and arrive by 9 a.m. and leave at 3 p.m. Alternative students arrive about 8:30 a.m. and leave at 2:20 p.m. Brinkman asked for clarification on traffic flow on the site. Mr. Thiede stated that most traffic, including bus traffic, would enter the site from 55th Avenue and exit on Zealand Avenue. Brinkman stated his concern was that cars and busses would arrive at the same time. Mr. Thiede stated that the district made a thoughtful attempt to approach that issue. The site was organized so the interaction of cars and busses would be separated. There are three drop-off areas on the south and west sides of the building. Commissioner Svendsen interjected that due to District 287 consisting of 13 home school districts, it does not have a bus system. Each home school district transports the children to the school. Ms. Lewandowski clarified that very few parents, if any, would bring their 8 Planning Commission Meeting October 5, 2010 children, which is different than a normal school. There would be a variety of vehicles bringing students, including all sizes of busses, vans and cabs. Chair Houle inquired who maintained the landscaping and stated he was concerned that with the large number of plantings some areas of the site may get neglected. Mr. Thiede stated that the District would contract with a landscaping contractor to maintain the site. The South Education Center utilizes the services of a landscape contractor and in-house staff. Chair Houle applauded the District for maintaining the SEC, but stressed no one could predict school funding in the future. He inquired whether the District had considered a low-maintenance landscape plan. Mr. Thiede responded that the District’s landscape architect designed the plan and intentionally chose appropriate plantings. Mr. Shultz added that the SEC had a large number of perennial plantings that were low maintenance. Chair Houle initiated discussion on screening rooftop units and wondered what it would take to fully screen the units with parapets. Mr. Thiede stated that the site line drawings were done at floor level and do not show elevation changes. The site has fairly significant elevation changes once off the property, especially to the north, east and northeast. He stated that it was his opinion that the rooftop units would be nearly invisible. If the alternate third-floor plan was chosen, a number of the rooftop units would be eliminated and go to the units that serve the main program spaces, which are concealed by setbacks and parapets. Mr. Thiede stated he was not sure what other type of screening could be accomplished as they were limited by height. The images were at eye height but standing at floor level. Commissioners Hunten and Schmidt stated they felt no other screening was necessary. A question was raised as to the student population at the current facility and Ms. Lewandowski responded that approximately 150 to 175 students were at that school. Chair Houle wondered whether all of the programs listed in District 287’s brochure are currently available and whether or not there would be new programs offered. Ms. Lewandowski stated that the programs in the brochure are all programs offered in the district and almost all have been located at Hosterman. There are comparable programs with different age groups at other sites. If the third floor alternative plan is approved, those older children within that same program type may merge into the new NEC. There may be a new program, such as InVest, that moves some older children into this building on the third floor. The alternative high school program would also be moved to this building. Commissioner Onadipe inquired whether there was any concern or intention to protect young children from the ponds. Mr. Thiede responded that with all of the school buildings with on-site ponds his 9 Planning Commission Meeting October 5, 2010 firm had designed, they had never provided a fence. The pond areas would be dry the majority of the time and only hold water for a short time after a heavy rainstorm. Ms. Lewandowski interjected that there would be a high number of staff supervising the student population and they did not anticipate a problem. Chair Houle asked for clarification of the on-site day treatment and potential co-located County Health Services. Ms. Lewandowski stated that as a provider of educational services for students with complex educational needs and co-located services are part of those programs. For example, they operate the daycare center in conjunction with Hennepin County and work closely with other county and nursing staff to co- provide those services. Occasionally in the special education programs, they have co-located with treatment providers, such as mental health services that are provided by an outside vendor. She stated they were not planning those programs for the NEC in the immediate future. Current programs of that type would be moved to another location. Chair Houle invited anyone in the audience to address the Commission. Ms. Jo Fachman, 5605 Wisconsin Avenue, came forward to address the Commission. She welcomed the NEC to the neighborhood and stated she was not opposed to the school and was excited to have a new building on the site. She was concerned with the potential noise level of the emergency generator. She was also concerned with the basketball court and noted that the Begin Park basketball court was heavily used until late in the evening and encouraged the petitioner to fence that area to keep neighborhood children from using the court and generating additional noise. She stated her biggest concern was the added height of the new building and the potential for additional buildings constructed at that height between the new school and Winnetka Avenue in the future. Chair Houle asked Ms. Fachman her opinion of how well the neighborhood was aware of the school project and the change to the code. She noted that a few of the neighbors may be concerned, but didn’t know if most neighbors read the notices provided. Mr. Brixius reported that the R-1 height restriction was staying at 32 feet. The proposed text amendment would be associated with projects that require a conditional use permit in the R-1 zoning district, exclusively for schools, religious buildings, and public buildings (community centers). If a development occurred on the property to the east of the NEC, it would have to be one of those types of buildings. The project would also have to meet specific setbacks and stay within the capacity of existing utilities and streets. The cap of 48 feet will work well for the proposed NEC building and for any future facility allowed by the amendment. Mr. Frank Fachman, 5605 Wisconsin Avenue, came forward to address the Commission. He stated he was concerned with the sound level for the rooftop units. He asked for clarification on the cooling towers and Mr. 10 Planning Commission Meeting October 5, 2010 Thiede stated that a geothermal based system with heat pumps located inside the building was proposed and all air handling equipment would be within contained enclosures. If there was any sound, it would be minimal. Mr. Thiede added that the generator would have some sound mitigation associated with the unit. The decibel level was provided by the manufacturer. TSP calculated the level at the north property line of the school site not across 56th Avenue. These factors did not take into account the masonry enclosure around the generator. Mr. Fachman wanted assurances that the city would take action if the sound went above the 50 decibel level at night. Mr. Fachman asked for clarification on the perimeter lighting and whether or not it would be turned off at night. Mr. Brixius stated that all of the lights would be 90-degree cut-off lights and the luminary would be inside the hood of the fixture. At the periphery of the site, the light levels are at or below standards established in the city code. Security lighting may remain on to allow clearer views for police patrolling the site. Mr. Thiede responded that the proposed lighting system would be fully automated and adjustable as set by the school district. The lights at the SEC are off from approximately 10 p.m. to 6 a.m. LED light emitting diode light fixtures have good performance and cut off. The bulb is not seen, just the light cast from the bulb. Mr. Thiede confirmed that there would be wall packs around the perimeter of the building, security lights, down lights, and accent lighting at each of the entrances. There was no one else in the audience who wished to address the Planning Commission. Motion by Commissioner Svendsen, seconded by Commissioner Landy, to close the public hearing on Planning Case 10-05. All voted in favor. Motion carried. Mr. Jason Quisberg, city engineer, explained that there are three retention ponds on site. Water at the extreme perimeter of the site may not be able to be contained on site. The east side of the site slopes toward the lot to the east and areas along the perimeter sidewalk may run off site. Nearly all of the runoff occurring on the site is contained in one of the three ponds and then discharged with rate control into the existing storm sewer system. Nearly all of the water is captured on site except approximately 30 feet at the western driveway which flows to Zealand Avenue. MOTION Motion by Commission Svendsen, seconded by Commissioner Landy, to Item 4.1 approve Planning Case 10-05 request for a text amendment to change the city code to increase the height of educational buildings, churches and public buildings in R-1, R-2, and R-3 residential zoning districts to a maximum height of 48 feet, 5530 Zealand Avenue North, Intermediate District 287, petitioner. Voting in favor: Brinkman, Crough, Houle, Hunten, Landy, Onadipe, 11 Planning Commission Meeting October 5, 2010 Schmidt, Svendsen Voting against: None Absent: Anderson, Johnson, Nirgudé Motion approved. Commissioner Svendsen asked that the city attorney prepare an ordinance for the City Council meeting on October 25, 2010. MOTION Motion by Commissioner Svendsen, seconded by Commissioner Landy, Item 4.1 to approve Planning Case 10-05 request for conditional use permit to allow construction of the North Education Center, 5530 Zealand Avenue North, Intermediate District 287, petitioner, subject to the following conditions: 1.Applicant to enter into a CUP/site improvement agreement with city (to be prepared by the city attorney). 2.Applicant to provide financial guarantee/performance bond for site improvements (amount to be determined by city engineer and building official). 3.The applicant to work with the city engineer on curb design along the on-site truck routes to avoid having large trucks jumping the curb, and work with the city engineer with regard to curb cuts exceeding 26 feet. 4.The applicant to work with the city engineer and Shingle Creek Watershed on storm water calculations and ponds. 5.Remove red oak and Colorado blue spruce from the landscape plan, replace with other city approved species. 6.Remove lilac bushes surrounding basketball play area and install a wrought iron or chain link fence for security and remove landscaping around fire department connection per West Metro Fire-Rescue letter dated September 28, 2010. 7.Provide additional lighting along the sidewalks to remove dark areas in the following locations: a.Sidewalk near the northwest corner of Area A b.An area of the north entry plaza to the east of Area A c.A large portion of the patio area d.An area of the trail near the toddler play area adjacent to Area B2 e.An area near the southeast corner of Area C f.Along the sidewalk path on the easterly border of the property near the soccer fields 8.Lighting should be provided to illuminate the flag pole or the flag should be removed each evening at dark. 9.Select and clearly identify building materials and colors. Materials and colors shall match those identified in plans. 10.Identify materials and paint the rooftop mechanical penthouses a color matching the building’s color scheme. 11.Replace fire hydrant near the corner of 55th and Zealand avenues with a new assembly, per city engineer’s letter of September 30, 2010. 12 Planning Commission Meeting October 5, 2010 12.Applicant must receive approval from West Metro Fire-Rescue for location and number of hydrants prior to final approval of the building permit. 13.Relocate the fire department lock box closer to the building’s main entrance. 14.Approval of optional third story alternate design on the condition that the text amendment for the increased height is approved by the City Council. 15.Generator to meet nighttime noise levels. Voting in favor: Brinkman, Crough, Houle, Hunten, Landy, Onadipe, Schmidt, Svendsen Voting against: None Absent: Anderson, Johnson, Nirgudé Motion approved. Chair Houle stated this planning case would be considered by the City Council on October 25 and invited the petitioner to attend that meeting. PC10-03 Chair Houle introduced Item 4.1, Request for a variance to expand driveway at the curb, 3812 Boone Avenue North, Jon Hansen, petitioner. Item 4.2 Mr. Jacobsen stated that the Planning Commission considered this variance request at its meeting in August and due to the Supreme Court ruling making it difficult for cities to grant variances, the petitioner submitted a letter of withdrawal, which the city accepted, and the application fee was refunded less expenses incurred. COMMITTEE REPORTS Design and Review Commissioner Svendsen stated that the Design and Review Committee met with the petitioner in September. Mr. Jacobsen reported staff does Committee not anticipate any new planning applications to be submitted to warrant Item 5.1 a November Planning Commission meeting. Codes and Standards Commissioner Schmidt reported that the Codes and Standards Committee did not meet in August or September. Mr. Jacobsen reported Committee that there are a number of minor code issues that need to be discussed Item 5.2 and a meeting will be scheduled in the next few months. NEW BUSINESS Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Schmidt, to Item 6.1 approve the Planning Commission minutes of August 4, 2010. All voted in favor. Motion carried. OLD BUSINESS There was no old business. Miscellaneous Issues ANNOUNCEMENTS Mr. Jacobsen stated that the Planning Commission and City Council would meet meeting on the Transit Oriented Development study on 13 Planning Commission Meeting October 5, 2010 Wednesday, October 13, at 6:30 p.m. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:55 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary 14 Planning Commission Meeting October 5, 2010